Case Details

Citation(s)
2014 SLG 2700 2014 SLD 2700 2014 PLC 97
Islamabad High Court
Writ Petition No.1337 of 2012, heard on 12th November, 2012. Date of hearing: 12th November, 2012.
NOOR-UL-HAQ N. QURESHI, J
Mushtaq Hussain Bhatti for Petitioner. Barrister Afzal Hussain for
Respondents.

AJMAL FAROOQ ZIA

VS

REGISTRAR, TRADE UNIONS, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD and another

Law:

Section:

Industrial Relations Act (X of 2012)--- ----S. 12---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Alternate remedy of appeal---Locus standi of petitioner---Scope---Officers Association/respondent was registered by Registrar Trade Union---Plea of petitioner was that registration of said Association was carried out by Registrar without lawful authority---Validity---Section 12 of Industrial Relations Act, 2012 provided right of appeal against order/decision of the Registrar---Non-constitution of National Industrial Relations Commission, before which appeal was to be filed, for a certain time period did not take away the right of petitioner to prefer an appeal---Petitioner could not furnish any proof regarding his membership of respondent/Association (to identify infringement of any of his rights), therefore, he had no locus standi to file constitutional petition---Constitutional petition lacked merit and was dismissed accordingly. JUDGMENT NOOR-UL-HAQ N. QURESHI. J.--- The respondent No.1 applied for registration to the Registrar Trade Union under the Industrial Relations Ordinance, 2011 on 15-2-2012. The All Pakistan ZTBL Officers Association (Patriots) was registered by respondent No.1 vide letter dated 6-5-2012 said to have registered the Trade Union under IRO, 2011. The petitioner was shown as one of its members in the application moved for registration which was vehemently controverted as the name of petitioner was included in the list of members surreptitiously without knowledge and consent. The said letter of registration dated 6-5-2012 was assailed mainly on the ground mentioned below: Industrial Relation Ordinance, 2011 was promulgated by the President of Pakistan on 18-7-2011 for 120 days. Subsequently, it was extended afflux of statutory period of time the National Assembly had extended its operation for further 120 days up to 17-3-2012. The Bill for IRA was successfully passed by Senate and National Assembly and President accorded assent on 14-3-2012 when the said Act of 2012 was promulgated. It is further contended that IRO, 2011 since was not repealed by the Act of 2012, therefore, proceedings commenced under IRA,…
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